HCI loses bid to interdict lottery operator in court

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Ithuba says Hosken Consolidated Investments will not be able to ‘bully it’ after its case was dismissed the case with costs

Lottery operator Ithuba said on Tuesday that Hosken Consolidated Investments will no longer be able to"bully it" now that the casino and hotel company has lost its bid to interdict the company in court.HCI had sought to get an urgent interdict allowing it to access Ithuba’s financial statements over claims involving overpayment of fees to Ithuba’s management company, Zamani.HCI, in its court papers, had argued that Zamani had been paid management fees of 4.

The loan agreement included certain terms that would kick in if the loan were repaid before its full term, including management oversight and a 1% management fee, he said. "I find that since Hosken Consolidated Investments cannot presently exercise its right of management oversight, it has no claim to payment of the 1% fee and no claim upon the management fees that Ithuba is currently paying to Zamani," he said in the judgment.Mabuza said HCI had no leg to stand on after its loss in court and that the licence ran until June 2023.

"The arbitrator's award is very clear. It says they owe us R166m in capital plus interest thereon at agreed rates until the end of the contract. It says we were completely justified in exercising our right of oversight from April 2016 and that Ithuba must pay us the agreed fees for oversight from that date as soon as we have complied with regulatory requirements," he said.

 

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